1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. On March 22, 2016, the Plaintiff asserted that the Plaintiff entered into a contract with the Defendant for the construction of the Class B neighborhood living facilities (retail stores) in Gwangju-si, Gyeonggi-do (hereinafter “instant construction”) with respect to the construction cost of KRW 336,00,00 (excluding value-added tax), the date of commencement: March 22, 2016; the date of completion: the scheduled date of completion: August 31, 2016; and the construction and additional construction are completed. As such, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 16,813,728; and the delay damages therefrom.

B. The Defendant’s assertion that the instant construction contract was not the Plaintiff but D, and the Plaintiff merely lent a comprehensive construction license to D, the actual contractor of the instant construction project, and thus, the Plaintiff cannot claim against the Defendant for the construction payment.

Even if the Plaintiff is a contractor of the instant construction project, the construction cost that the Defendant has to pay to the Plaintiff is not remaining considering the defective and unconstruction parts of the instant construction project.

2. Determination

A. If a contractor, who is not registered as a comprehensive constructor, enters into a construction contract with a contractor and executes a construction work after entering into a contract under the agreement of the parties, by indicating the name of the contractor under the agreement of the parties as a comprehensive constructor, the contract under the contract made between the said contractor and the subcontractor shall be deemed invalid as a false declaration

(See Supreme Court Decision 2006Da45855 Decided July 23, 2009, etc.). In cases where an actor who enters into a contract performs a legal act in the name of another person, for whom the actor or the title holder is deemed a party to the contract, the actor or title holder shall be determined as a party to the contract according to the same intent if the actor and the other party agree with each other, and the intent of the actor and the other party is inconsistent.